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12 Cards in this Set
- Front
- Back
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b) Effect of Noncompliance with the statute of frauds.
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i) In most states, failure to comply with the statue of frauds renders the contract….
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(1) Voidable (ie unenforceable against a party who has not signed the requisite memorandum), but not void.
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(1) The statute of frauds only relates to the ___ and not to the ____ ___ of the contract
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ii) The statute of frauds only relates to the remedy and not to the substantive validity of the contract
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(1) The statute of frauds is only a ____ to its enforcement in an action at law. It does not enforce the K.
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iii) The statute of frauds is only a defense to its enforcement in an action at law. It does not enforce the K.
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(1) Once a contract within the statute has been performed on both sides, neither party can ___ and ____ what he has given
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iv) Once a contract within the statute has been performed on both sides, neither party can rescind and reclaim what he has given
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v) The statute may be asserted only by a ___ to the contract, never by a ___ person.
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(1) The statute may be asserted only by a party to the contract, never by a third person.
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(1) If one of the parties has signed a memorandum that satisfies the statute, the contract is ____ against ___ even if it is ___ against the other party.
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vi) If one of the parties has signed a memorandum that satisfies the statute, the contract is enforceable against him even if it is unenforceable against he other party.
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(1) [minority] In a few states, failure to comply with the statute renders the contract ____. The statute is thus a ____ to the ___, not merely the ____, of the contract.
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vii) [minority] In a few states, failure to comply with the statute renders the contract void. The statute is thus a defense to the formation, not merely the enforcement, of the contract.
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(1) In both majority and minority view jurisdictions, most courts afford ____ for benefits rendered pursuant to oral promises ____ under the statute.
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viii) In both majority and minority view jurisdictions, most courts afford restitution for benefits rendered pursuant to oral promises unenforceable under the statute.
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(1) If either party, by words or conduct, directly or indirectly represents that he has (or will) put the agreement in writing, or that he will waive the statute as a defense, and the other party then relies upon such representation to his substantial detriment, the first party may be _____ to set up the statute as a defense.
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ix) If either party, by words or conduct, directly or indirectly represents that he has (or will) put the agreement in writing, or that he will waive the statute as a defense, and the other party then relies upon such representation to his substantial detriment, the first party may be estopped to set up the statute as a defense.
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(1) A growing number of modern cases recognize the power of the court to estop either of the contracting parties form asserting the state as a defense whenever it would result in “______” to one party or “_____” to the other. Such estoppel may be invoked even if there was never any promise to put the contracting writing or to waive the statute as a defense
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x) A growing number of modern cases recognize the power of the court to estop either of the contracting parties form asserting the state as a defense whenever it would result in “unjust enrichment” to one party or “unconscionable injury” to the other. Such estoppel may be invoked even if there was never any promise to put the contracting writing or to waive the statute as a defense.
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xi) The restatement (second) is in accord, although it uses the term “_____’ rather than estoppel.
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(1) Detrimental reliance
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